my employer either has or will have complaints (very soon)

Resolved Question:

my employer either has or will have complaints (very soon) filed against them and fines due for violations from the following agencies:.IRSCA State Franchise BoardEDDCLRBCLBThe president of the company flew from L.A. to N. CA to tell me in person that that I would be held accountable for all of the reporting required to those agencies. I am an admin., I am not the accountant or bookkeeper, I do not have access to the bank accounts, I have no part in preparing taxes, books, nor untill 2/27/13 had any responsibility for the licensing of the 1099 sales people. None of the 25 current salespeople are properly licensed and none of them received 1099s. I had no part in making the decision to "not" report. Not my first rodeo, I am being set-up for the fall. Is this a hostive environment under federal law, if not were do I go to file a claim.

The president is definitely trying to make you the 'fall guy' in order to avoid personal responsibility for the way that he ran the company, including not licensing any of the sales people or filing out taxes on them.

Also, the complaints with EDD make me think that the salespeople possibility should have been classified as employees.

Unfortunately, your situaiton wouldn't qualify as a hostile work enviornment.

That classification, in employment law, is specifically reserved for situations in which the workplaces is hostile due to discrimination based on a portected characteristic.

Unfortunately, there's no place to file a claim for the treatment you're receiving from your president.

However, you can file suit against him if he lies about your role in the situation and causes harm to your reputation as a result.

Also, you would definitely be able to collect unemployment benefits if you quit, since you would have sufficient good cause, since a reasonable person in the same circumstances who wanted to stay employed would also leave his or her employment in the same circumstances.

I sincerely XXXXX XXXXX had better news to give you, but I hope you appreciate a direct and honest anwer to your question.

(Also, you may want to contact these agencies yourself to be a 'whistleblower' which would avoid you getting possibly blamed for the issues, which could potentially result in criminal penalties. That said, unless you're an executive employee, it's unlikely that a case could be made against you since youwouldn't have profitied from the tax fraud / non-reporting that happpened).

I appreciate your honest response. I don't think I need to whistle blow, I know at least 3 of those 25 salespeople will report the company (and at least 1 has already informed me that he knows he could be considered an employee) if they don't receive their 1099s in time to file 4/15/13. Unemployment is not an option, I don't have enough quarters in the bank. I am interested in trying to "save" my branch manager's financial interest (some kind of partnership interest which I am not privy to) in the branch and the 2 branches he just opened. He has treated me well and he was helpless to prevent the President from taking the action he did. Is it fair to say that I deserve added compensation for the added responsibility/and my certain and eminent demise--my base wage is only $16/hour.

Customer:replied 2 years ago.

Relist: Other.I would like a legal option that does not have me playing defense, i.e. what till my reputation is besmirched and then sue for libel/slander that is textbook 1st year law school.

There really is no legal offense in this situation, other than you requesting a raise and/or severance package. However, due to the statements that your President made to you that seems very unlikely in your situation, as he is trying to hold you accountable as the one who failed to make the reports. (Although if your branch manager can approve the raise, it may be worth it).

Really, you want to try to protect yourself as well as possible in the situation, which would involve being a whistleblower to avoid personal liability for your president's shady classification and tax situation. I am, however, surprised that the President would try to shift the blame onto you, since only receiving $16 an hour would probably mean that the reporting requirements are literally 'below your pay grade.'

I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!Gary B.Edmond, OK

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.
MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. TonyApopka, FL

Ask a California Employment Lawyer

Get a Professional Answer. 100% Satisfaction Guaranteed.

66 California Employment Lawyers are Online Now

Type Your California Employment Law Question Here...

characters left:

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).